CITY OF FORT MEADE, ADJUSTCO, APPELLANTS,
v.
JERALD HICKMAN, APPELLEE
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The employer/carrier appealed a deputy commissioner's award of temporary total disability (TTD) benefits to an injured worker past June 5, 1987, when the claimant's treating physician found he had reached maximum medical improvement (MMI) with no permanent impairment. The court reversed, finding the uncontroverted medical evidence established MMI on June 5, 1987, and there was no factual basis for the deputy's findings to the contrary.
The employer/carrier's argument on appeal was correct, and the portion of the deputy commissioner's order awarding TTD benefits past June 5, 1987 is reversed. The uncontroverted medical evidence established that the claimant reached MMI on June 5, 1987 with no permanent impairment, and the deputy's findings that the claimant had reached MMI from an orthopedic standpoint only and received no treatment for his head injury were unsupported by the record.
[1] An award of temporary total disability benefits may be reversed if the uncontroverted medical evidence establishes that the claimant reached maximum medical improvement w…
[2] A deputy commissioner's finding that a claimant has not reached maximum medical improvement from a head injury is unsupported when the treating physician's records indica…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The uncontroverted medical evidence in the record establishes that the claimant reached MMI on June 5, 1987 with no permanent impairment, and there is no evidence to support the DC's findings that claimant had reached MMI from an orthopedic standpoint only and that he received no treatment for his head injury.”
Establishes the court's finding that the deputy commissioner's factual findings were unsupported by the medical evidence.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJerald Hickman was injured on November 3, 1986, when he fell from a garbage truck while employed by the City of Fort Meade. He was treated at a hospit…
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SHIVERS, Judge.
The employer/carrier (E/C) in this case appeal the deputy commissioner’s (DC’s) award of temporary total disability (TTD) benefits to the claimant past June 5, 1987, the date on which the E/C allege the claimant reached maximum medical improvement (MMI). We agree with the appellants’ argument on appeal, and reverse.
Claimant, Jerald Hickman, was injured in a compensable accident on November 3, 1986, when he fell from the rear of a garbage truck in the course and scope of his employment with appellant, City of Fort Meade. He was treated at Bartow Memorial Hospital for pains in his head, neck, and back, and discharged on November 6, 1986 with permission to return to work on November 11, 1986. When he returned to work, he had been fired for failure to procure a proper excuse for missing work the week prior to the industrial accident, Claimant performed an unsuccessful work search, and received unemployment compensation benefits through the end of May 1987.
Meanwhile, claimant was examined by an orthopedic surgeon (Dr. Phaff) on April 23, 1987, complaining of head and low back pain. Dr. Phaff treated the claimant on four occasions and, on June 5, 1987, discharged him as having reached MMI with no physical impairment. The E/C, who had been paying TTD benefits since the date of accident, filed a notice to controvert on the basis that the claimant had reached MMI without impairment on June 5, 1987.
After a hearing on July 23, 1987, the DC entered an order finding, among other things, that claimant’s head and back injuries were related to the accident, that the MMI date assigned by Dr. Phaff was from an orthopedic standpoint only, that claimant could not have reached MMI from the head injury since he had received no treatment for it, and that claimant continued to complain of physical problems. Based on these findings, the DC determined that the claimant remained TTD, and ordered the E/C to pay TTD benefits from the date of accident and continuing.
We agree with the E/C’s argument on appeal that the deputy erred in ordering the payment of TTD benefits past June 5, 1987. The uncontroverted medical evidence in the record establishes that the claimant reached MMI on June 5,1987 with no permanent impairment, and there is no evidence to support the DC’s findings that claimant had reached MMI from an orthopedic standpoint only and that he received no treatment for his head injury. Dr. Pfaff s records, which were introduced into evidence at the hearing, clearly indicate that the purpose of each of claimant’s appointments was to “recheck head and low back,” and culminate in Pfaff’s June 5, 1987 note that claimant had reached MMI and should be discharged to full capacity with no permanent impairment. Further, claimant himself testified at the hearing that his inability to find work was based on the fact that none of the businesses he contacted through his job search had openings, and was not because of his injuries or physical disabilities. Although he did testify at the hearing that he continued to suffer from headaches, he also specifically stated that he could have returned to his job as a garbage collector after the accident had the City given him his job back.
Accordingly, the portion of the August 25, 1987 order awarding TTD benefits past June 5, 1987 is reversed, and the matter remanded for the DC to enter an order consistent with this opinion.
MILLS and WIGGINTON, JJ., concur.
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Tampa Gen. Hosp. v. Asa Lawson, Jr., 547 So. 2d 260 (Fla. 1st DCA 1989)…and substantial evidence that the appellee reverted back to a condition of temporary disability in July. It is axiomatic that temporary disability benefits may not be awarded following the attainment of MMI. [*263] See City of Ft. Meade v. Hickman, 528 So. 2d 1214 (Fla. 1st DCA 1988). We do not believe, however, that the award of wage loss was improper. It is the employer’s position on appeal that such benefits should not be granted following a claimant's voluntary termination of employment. However, to esta…
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INN Serv. Corp., Inc. v. Zaida Diaz-Aller, 536 So. 2d 307 (Fla. 1st DCA 1988)…and challenge the DC’s awards of TPD benefits and payment of Dr. Lopez’s medical bill. We reverse the award of payment by the E/C of Dr. Lopez’s medical bill and affirm the remaining points on appeal. The E/C advance City of Fort Meade v. Hickman, 528 So. 2d 1214 (Fla. 1st DCA 1988) in support of their contention that the DC erred by not finding that claimant reached MMI. In Hickman the DC determined that the claimant could not have reached MMI, despite what his doctor found, because the doctor’s finding was…